My dad might have damaged a car in the parking lot. Cop opens a hit and run report.

[canabiz]

Hello, my father is living in a senior's residence and he got a note on his windshield last week from a fellow resident whose car is right besides his, saying that my dad crashed into his car and the estimated damage is about $175.

I called both my dad and the gentleman and my dad said he didn't do anything while the gentleman said that he took the pictures of the scratches on the side and the bumper as proof of evidence.

I made plans to see them both tonight and to act as a translator for my dad since he doesn't speak any English but something else came up so I postponed the meeting until Wednesday evening. We (I and my dad) were going to look at the pictures and the cars and see if we need to settle the matter privately, without going through the insurance.

I got a call from a cop 30 minutes ago telling me he opens a hit and run report because the gentleman decided to file a claim through his insurance and for that he needs to open a report with the police. I was quite shocked because I was always under the impression that you only contact the police when

1) The damage is estimated to be more than $700

2) This so-called incident happened (if it did indeed happen) on a parking lot which is considered private property. How many fenders-benders happen in shopping mall parking lots on a daily basis.

The cop wanted me to tell him that my dad did crash into the other car and my dad can then settle with the gentleman privately but I told the cop that I don't know all the details so I don't want to speak on my dad's behalf. I then called the gentleman in question and was furious and basically told him to do whatever he wants to do. I called my dad and let him know the situation. I guess the matter will go through its due process.

3 questions for you folks

1) Is it right for the cop to open a hit-and-run report, considering the circumstances.

2) Will this have any impact on my father's driving record ? I know his insurance will probably take a hit but what about his driving record ?

3) Is there anything else that we can do at this point in time, other than waiting for the insurance company to contact my dad or me ?

Thanks for letting me vent and I appreciate your advice

[Cough]

The cop has no option but to open a hit and run based on what the other guy told him. That doesnt mean your dad is guilty of hit and run.

You should try and settle this amicably. Look at it from the other guy's perspectives - does it look like the paint etc is from your dads car?

Document everything, dates of meetings, statements from your dad and the other guy etc and be prepared to submit stuff to the police if you still believe your dad is clearly "innocent"

Convince the other guy to drop his insurance claim since he will probably only come off 50/50 if theere is major doubt - try to settle privately

[Lava]

Is there any proof your dad was the one who damage that person's car? A few pictures of scratches isn't proof at all, without actual evidence he has nothing.

[Rx-87]

Wow..

Thats like so wrong unless they were both "caught in the act" kinda thing... or your dad admitted to having damaged the other persons car.

Your neighbor is one impatient !#%. Especially since both parties have agreed to consolidate one another over the proclaimed circumstances.

I do hope your dad is not in the wrong only because that neighbor is a total #!%% for not having the patience to man up and discuss with all parties before jumping the gun.

[canabiz]

Is there any proof your dad was the one who damage that person's car? A few pictures of scratches isn't proof at all, without actual evidence he has nothing.

That's the million dollar question. My dad's parking spot is #14, the gentleman's parking space is #15. I happened to see my dad today and there was in fact some scratches at the back bumper, i asked him what are those and he said that happened a long time ago.

Right now it's a matter of he-said, she-said, that's why I was going to come see the gentleman on Wednesday evening and look at the pictures, look at the 2 cars and try to work things out. We have no problem paying him up, it's just that I need to be there to see what it's all about and also to act as a translator.

Now this guy simply went ahead and filed the claim even after we agreed to meet on Wednesday night. I am not too concerned about the insurance, i mean my dad is 72 and he's driving a 1991 Corolla but I am concerned about his driving record and any ramifications that may come out of it. Hit and run, to me, conjures images of criminals and I certainly don't want to see that happen.

It still blows my mind why the cops would want to open a hit and run report for this kind of fender-bender on a private property and when there is no witness or testimony from my father.

I will need to calm down a bit and maybe call the guy up and see if he agrees to drop the claim. Might be hard because I practically told him to get lost earlier

[canabiz]

I may add these 2 pieces of important information that might be useful

1. My dad told me the gentleman's car tires were right on the yellow line. I am not saying my dad was in the clear but there might not be a whole lot of space, especially when he made a sharp turn into his space. Again, not saying it's the right thing if my dad happened to hit the other car but I could possibly understand the reasons.

2. The gentleman let me know the tenant who previously parked in that spot also damaged his car in a similar fashion and she basically had to pay up as well.

It's a pain man, trying to act as translators for legal matters that you are not even involved in

i guess we may have to do some *damage control* now, so to speak. The last thing I want to happen is for my dad to get summoned to court to answer a hit and run charge. I don't want to think about it and don't want it to ever happen.

[Shaner]

You're clearly not understanding the way the system works.
This guy called the cops and reported that his car had been hit and nobody stuck around to admit to the collision. The guy obviously also told the cops that he suspects your dad.

At this point, the police have no choice but to open an investigation. With that said, unless there's proof your dad did something wrong, no charges will be laid. It's not the other way around, your dad doesn't have to prove his innocence. The other guy deserves justice. Someone hit his car and didn't stick around to pay for the damages. I don't blame him for calling the cops, I would have done the same thing.

I can't believe some of you people are calling this other guy an a$$. It would be one thing if the OP's dad admitted to the mistake and offered to pay, then there would be no reason to contact the police. In this case however, nobody has stepped up to pay for the damage, so he did the only thing he could, contact his insurance company to make a claim, which also requires a police report in this case. The guy is simply protecting himself from having to pay out of pocket. The OP postponed the meeting at the last minute, so the other guy probably figured the OP and his dad were playing games.

At this point, if I were you I would still meet with this guy to determine if your dad did in fact hit the other car. If you can determine your dad did hit the car, I would suggest paying out of pocket for it and avoiding insurance.

ps. If your dad did hit this guys car and didn't realize it, perhaps you should consider taking your dad in for another road test. It might be time for him to look at alternative means of getting around. I'm not trying to be offensive, but it's something family members must consider when a relative reaches a certain point in their life.

[canabiz]

Shaner, you make some very valid points but all of this would have never happened if the meeting was to take place on Wednesday night, as per our agreement.

The fact that I called him up last Friday right after my dad called me showed that we were serious and we would never leave him high and dry.

But I guess I will man up and call that guy and possibly pay him to keep his yapper shut.

Will my dad got charged with hit and run ? Is it a criminal offense considering there was no personal damage ? That's what I would like to know. Or is there different types of hit and run ?

[mjl_toronto]

I agree with what shaner said.

Try not to let your emotions get the best of you. It'll only make matters worse.

I seriously doubt this 'hit and run' report will be criminal. It happened to property. If there is no evidence that your dad actually did this, there is nothing the other guy can do. If your dad does have to go to court, I'm sure he can have a representative (i.e. lawyer) go on his behalf.

[molala]

welp...once he went in to the police...they have a start a case regardless the statement is only from one party...and u can take both cars in a dealer or something and to get it check out whether or not the damage is done by ur dad's car...if not..then there's no case..

[canabiz]

I called the guy again and he told me he got 2 estimates from the body shop and the lowest one is $600, not $175 as he estimated himself last week! The 3 panels need to be repainted.

I was floored again

He told me he can get one of his buddy to do it on the side for $300 so I agree to pay him that amount and get him to provide a written statement to say that my father pays the damage and is no longer responsible and to call the police to cancel the report.

I should have gone and paid him the $175 last week

Not a good way to start your week

[molala]

I called the guy again and he told me he got 2 estimates from the body shop and the lowest one is $600, not $175 as he estimated himself last week! The 3 panels need to be repainted.

I was floored again

He told me he can get one of his buddy to do it on the side for $300 so I agree to pay him that amount and get him to provide a written statement to say that my father pays the damage and is no longer responsible and to call the police to cancel the report.

I should have gone and paid him the $175 last week

Not a good way to start your week

why won't you request to have both cars to a body shop and see if the damages were really caused by your dad's car...sounds like he's trying to scam u or something

[mjl_toronto]

I don't get it anymore. If your dad really isn't at fault, why bother paying?

[Shaner]

Consider yourself lucky. $300 for a paint job is dirt cheap. When my car got hit by my neighbours, it cost $750 to get it fixed.

Keep in mind though, this won't close the police investigation. In likelihood, there's not going to any charges laid against your dad, but you need to keep in mind that it is a possibility, regardless of whether you pay for the damages or not.

[Asad_A203]

Only reason I would be hesitant to paying is you are not sure of his intentions. I would check for paint transfer on your dad vehicle or as someone else mentioned; have a body shop measure the clear coat or inspect the paint to see if it might have contacted and caused damage to another vehicle.

If this person is trying to take advantage of your dad for some reason; he will simply do the same thing next time his vehicle is damaged if infact your dad didn't do anything.